victim of fraud what k8nd of lawyer

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Who are the victims of fraud?

Who are the victims of fraud? Virtually anyone can fall prey to fraudulent crimes. Con artists do not pass over anyone due to such factors as a person's age, finances, educational level, gender, race, culture, ability, or geographic location.

How can a consumer fraud lawyer help a victim?

Thankfully, victims of consumer fraud do have recourse in the form of skilled fraud lawyers. Through a consumer fraud lawsuit, companies that perpetrate fraud can be brought to justice and victims can get compensation. Who Is at Risk of Consumer Fraud?

How can a criminal defense attorney help me with bank fraud?

A criminal defense attorney has the experience and knowledge to assist you with this serious matter. Bank fraud is a crime that can have a life-long impact on you and those around you as well. It is important to preserve your rights and receive guidance from someone that is familiar with this type of law.

How does it feel to be a victim of fraud?

Fraud crime is a personal violation. Your trust in your own judgment, and your trust in others, is often shattered. You may feel a sense of betrayal, especially if the perpetrator is someone you know. You may have hesitated to tell family members, friends, or colleagues about your victimization for fear of criticism.

What happens to the person who committed fraud?

Fraud convictions bring with them the serious possibility of a jail or prison sentence. Though sentences differ widely, a misdemeanor conviction can lead to up to a year in a local jail, while a felony conviction can lead to multiple years in prison. Federal charges can lead to 10 years or more in federal prison.

How do you fight fraud accusations?

BE NICE AND SMILE OFTEN. Fighting fraud is an adversarial process. ... DO YOUR HOMEWORK FIRST. ... DEVELOP A FRAUD THEORY. ... DON'T OVERCOMPLICATE A CASE. ... IF YOU DON'T KNOW WHAT TO DO NEXT, STOP. ... DON'T OVERSTEP YOUR AUTHORITY. ... ALWAYS LOOK FOR MORE LEADS. ... BE VERY CAREFUL ABOUT EXPRESSING OPINIONS.More items...

Can I be sued for fraud?

Fraud may involve one party making a false statement or misrepresenting information to another which then causes damage or harm. The victim can then file a lawsuit as the plaintiff against the defendant.

What type of crime is fraud?

Fraud and financial crimes are a form of theft/larceny that occur when a person or entity takes money or property, or uses them in an illicit manner, with the intent to gain a benefit from it.

Can we get money back from fraud?

As per guidelines from the Reserve Bank of India (RBI), victims of any unauthorised transaction can still get a full refund. People who immediately share information regarding any such fraud transactions can help avoid losing money.

What is the fraud investigation process?

A fraud investigation is a process to determine whether fraudulent activity has occurred. A fraud investigation aims to understand what behavior occurred, who was responsible, and how it was done.

What Should I do If I’m a Victim of Criminal Fraud?

If an individual believes they are a victim of criminal fraud, they should contact their local law enforcement and report the fraud. If sufficient evidence exists, the case will be forwarded to the local prosecutor or District Attorney’s office for prosecution of the individual who committed the fraud.

How to get a fraud conviction?

In order to obtain a fraud conviction, the prosecution must prove the defendant intended to deceive another individual or entity. Sometimes, it is difficult to prove intent. For example, an individual may accidentally use their friend’s insurance card, which is not fraud.

What are Some Potential Defenses Against an Accusation of Fraud?

There are several defenses that may be available to a charge of criminal fraud. These include:

What factors are considered when determining sentencing for a criminal fraud conviction?

A court will take several factors under advisement when determining sentencing for a criminal fraud conviction, including: The severity of the fraud; Whether the defendant has any prior convictions; If the defendant is currently on probation or parole; The amount of money or property that was stolen; and.

What are the consequences of a criminal fraud conviction?

The penalties for a criminal fraud conviction will vary depending on: The jurisdiction; The severity of the fraud; The person or entity that was a victim of the fraud; and. The amount of money or property lost as a result of the fraud.

Why is it important to keep records of fraud?

It is important to keep records of any and all losses that resulted from the fraud. This may be especially important where restitution is a possible penalty. It is also important to consult with an attorney to determine if an individual will be able to pursue a civil fraud case as well as the criminal fraud case.

What does it mean when someone lies about a fact?

Put simply, if an individual knowing lies about an important or key fact in a transaction or relationship and the other party relies on that misrepresentation of fact and suffers harm, fraud has occurred. It does not occur when an individual provides a fact they believe to be true, even if they are mistaken.

What happens if you are victim of fraud?

As the victim of a federal fraud crime, you may suffer financial and emotional harm and even medical problems relating to your victimization. And you are not alone. Millions of people in the United States are victims of fraud crimes each year.

Why do fraud victims feel they are not alone?

Although fraud victims are not alone, they often suffer their losses alone and in silence. Shame, guilty, embarrassment, and disbelief are among the reasons that only an estimated 15 percent of the nation's fraud victims report their crimes to law enforcement. Other reasons include victims' doubt about their own judgment, a sense of betrayal, and fears about how their family members, friends, and business associates will react. Some victims feel their losses are not large enough to report, do not want to get involved, think law enforcement agencies will not take the crime seriously, or think nothing will result from reporting the crime. Many victims feel they only have themselves to blame, when in reality, calculating, skilled perpetrators are to blame for these criminal acts.

What are the feelings of fraud?

You may experience feelings about: 1 Yourself. That old saying, "Hindsight is 20-20," is never more true than in financial fraud crimes. Many victims believe they should have known or recognized what was going on, or blame themselves for being too trusting or naive. 2 The fraud criminal for taking financial advantage of you, betraying your trust, and jeopardizing your financial independence and security 3 Your family, friends and colleagues for blaming you, being upset over what they perceive as your lack of judgment, or withdrawing financial or emotional support. 4 The investigative and prosecutorial phases of the justice process, especially in cases that progress slowly or do not result in financial outcomes favorable to you. 5 The news media for failing to warn the public about fraud schemes or for exploiting victims when fraud crimes are reported. 6 Consumer protection agencies for failing to protect your interests. 7 Creditors who don't understand your dire financial circumstances. 8 Community, state and federal agencies if their resources are limited or they do not have the authority to help you.

What is fraud in business?

Fraud occurs when a person or business intentionally deceives another with promises of goods, services, or financial benefits that do not exist, were never intended to be provided, or were misrepresented. Typically, victims give money but never receive what they paid for.

What is fraud criminal?

The fraud criminal for taking financial advantage of you, betraying your trust, and jeopardizing your financial independence and security. Your family, friends and colleagues for blaming you, being upset over what they perceive as your lack of judgment, or withdrawing financial or emotional support.

What is the weapon of choice for fraud criminals?

The weapon of choice for fraud criminals is not a gun or a knife. Rather, it is most often a telephone, letter, glossy publication, or brochure offering free vacations, merchandise, investment opportunities, or services. Not all frauds involve the direct selling of goods to consumers.

Where can fraud be prosecuted?

Fraud crimes can be prosecuted at either the state or federal level, depending on a number of factors:

What is the number to call for consumer fraud?

Call 1-800-YOUR-LAWYER today to speak with an experienced consumer fraud attorney at Parker Waichman LLP about your legal rights.

Why File a Consumer Fraud Lawsuit?

Many individuals who have been the victim of a consumer fraud scheme are ashamed to admit having been taken advantage of or having lost money to a scam. But when victims of consumer fraud don’t speak out about being scammed, their losses become permanent, and the company or individual behind the scam can continue defrauding other consumers.

What Is Consumer Fraud?

In the context of a business transaction, consumer fraud occurs when false statements of fact are made, the person or entity making these statements was aware that they were false at the time, and the other party involved in the transaction relied on the deceitful statements and was harmed as a result.

How can a consumer be harmed?

A person can be harmed by consumer fraud in many different ways. Consumer fraud lawsuits are typically filed over alleged unfair and deceptive tactics used for financial gain. Consumer fraud occurs at the expense of consumers and includes bait-and-switch schemes, false disclosure of corrupt bookkeeping, charging for services that were not provided, false or misleading advertising, and unfair pricing. If you have been a victim of practices like these, you may be able to get compensation through a consumer fraud lawsuit. Call 1-800-YOUR-LAWYER today to speak with an experienced consumer fraud attorney at Parker Waichman LLP about your legal rights.

How does consumer fraud affect the marketplace?

Consumer fraud not only harms individuals, but it also harms the marketplace by allowing fraudulent businesses to gain an unfair advantage over ethical competitors. Thankfully, victims of consumer fraud do have recourse in the form of skilled fraud lawyers. Through a consumer fraud lawsuit, companies that perpetrate fraud can be brought ...

What are the most common types of consumer fraud?

The most common types of consumer fraud include: Advanced-Fee Loans: This is the most common type of consumer fraud and occurs when a consumer is asked to pay money in advance to secure a loan or a credit card. Automobile Fraud: When an automobile dealership misrepresents or fails to reveal the true condition of a used vehicle, ...

What is buyer club fraud?

Buyers’ Club Membership Fraud: This occurs when a consumer has not agreed to join but is asked to pay for a buyers’ club membership or a buyers’ publication.

What is the purpose of a fraud victim?

Typically, a victim of fraud seeks justice in the criminal system but also wants to recover as much of their stolen money as possible and having an attorney that is solely focused on their personal goals is often necessary for a significant recovery.

What Can Be Done About Fraud?

While the RICO Act was initially passed to bring down organized crime operations, it also has civil provisions that often apply to fraud schemes. For RICO liability to apply it must be shown that there is 1) conduct (generally active decision making or management) 2) of an enterprise (two or more associated people or a legal entity) 3) through a pattern (two or more acts within a ten year period) 4) of racketeering activity (defined as any of a long list of crimes which includes wire fraud, mail fraud, financial institution fraud and retaliation against a protected whistleblower). Furthermore, the RICO Act is a powerful remedy which provides that a successful civil plaintiff is entitled to three times the damages they suffered and reasonable attorney’s fees incurred pursuing the action. Using the broad RICO statutory language and punitive recovery provisions, Frohsin Barger & Walthall have been successful in securing as much recovery as possible for victims of fraud.

What is the difference between a private attorney and a government prosecutor?

Their goal is to protect the public by punishing and deterring crime and they have wide discretion in how to best accomplish such goals. Whereas, a private attorney serves their client, the victim of fraud, with the goal of accomplishing the remedy that is in the client’s best interests. Typically, a victim of fraud seeks justice in the criminal system but also wants to recover as much of their stolen money as possible and having an attorney that is solely focused on their personal goals is often necessary for a significant recovery.

Who is Jim Barger?

Jim Barger and Elliott Walthall are among the only private attorneys general in the country ever to be tapped as part of a Department of Justice trial team in a Medicare fraud jury trial. A noted expert on white collar crime and fraud, Jim Barger teaches upper level courses on the subject as an adjunct professor at the University of Alabama School of Law, which was ranked among the top 15 law schools in the nation by Business Insider in 2016. Barger has appeared on HuffPost Live, Fox 6 Atlanta, and NPR and his opinions regularly are sought by major newspaper outlets, including The New York Times and The Washington Post.

Can someone be defrauded by someone they trust?

Far too often people and businesses of all types find themselves in situations where someone they trusted has defrauded them. Whether it be embezzlement by an employee, misrepresentations involving an investment or an unscrupulous business partner, trustee or other fiduciary, being the victim of fraud — especially when perpetrated by a someone in a position of trust — can be one of the most difficult experiences of one’s life. Fraud can be economically crippling, infuriating and hurtful all at the same time and is often only discovered after the damage is done.

Is fraud a criminal offense?

Fraud is generally a crime as well as actionable in civil court. Through our experience as former prosecutors and affirmative civil litigators, we have been involved in many cases that have dual civil and criminal litigation. We have found that pursuing civil remedies as well as facilitating the government’s criminal prosecution of fraud is often a synergistic strategy. When appropriate, we have worked in conjunction with federal and state law enforcement agencies, helping secure criminal convictions as well as successful civil recoveries.

Why do victims fall prey to bank fraud?

The victim falls prey to believe the information that the bank fraudster is conveying because the fraudster often has just enough information to convince folks that they are legitimate. Victims, unwittingly, give out sensitive information that promotes the bank fraudster’s criminal activities.

How is Bank Fraud Possible?

However, fraudsters are still able to find a way into online systems and steal personal data that assists them in conducting bank fraud.

What are the Signs of Bank Fraud?

If you receive a phone call or email from someone that is posing to be from a financial institution and something just does not seem right about the communication, it is important for you to follow your intuition. Banks and credit card companies typically already have the sensitive information that a fraudster is requesting.

What are the different types of bank fraud?

There are several different types of bank fraud, including, but not limited to the following: 1 Check Theft: this can occur when someone, for example, steals checks from another’s mailbox. 2 Counterfeiting: this happens when someone makes fake money or credit cards and attempts to present them as a real form of currency or credit. 3 Direct Deposit Fraud: these types of scams target company’s human resources departments and/or individuals with direct deposit accounts and encourage them to switch to a fictitious other bank account. 4 Forgery: occurs when one falsifies the signature of another. 5 Identity Theft: most often occurs online by cybercriminals and is prevalent in our country as well as globally. It can occur to anyone and once it does it can be difficult to regain one’s identity. 6 Payment Fraud: can include unauthorized transactions, stolen goods or fraudulent returns of merchandise.

What is direct deposit fraud?

Direct Deposit Fraud: these types of scams target company’s human resources departments and/or individuals with direct deposit accounts and encourage them to switch to a fictitious other bank account.

How does fraud occur in banking?

Under federal law, bank fraud can occur when someone either illegally obtains funds from a financial institution through deception or attempts to illegally gain access to such assets. The funds or assets can be owned by the bank or can be held by the financial institution on behalf of an individual or company.

How long can you be in jail for bank fraud?

Under the federal law, a person convicted of bank fraud can be ordered to pay a fine of up to $1,000,000 or imprisoned for up to 30 years. In severe cases the court can impose both a fine and jail time.

What is the National Crime Victim Bar Association?

The National Crime Victim Bar Association maintains a nationwide network of attorneys who are dedicated to helping victims of crime rebuild their lives through the Civil Justice system. If you are the victim of a crime and are interested in receiving a referral for a civil attorney, please complete the form here.

What should a victim know before signing a retainer agreement?

Prior to signing a contract for attorney representation (a retainer agreement), victims should fully understand all the details of the contract. If victims have questions, they should feel comfortable in discussing them with the attorneys. If questions persist, local bar association personnel may be able to explain laws, regulations, and common practices pertaining to contracts with attorneys.

What should victims be clear about?

Victims should be clear about what they wish their attorneys to do , and attorneys should be clear about what services they are providing. Understanding each other’s expectations, as well as avoiding unrealistic expectations, can minimize the possibility of disappointments and frustration.

What is a productive attorney-client relationship?

A productive attorney-client relationship is based upon the ability of both sides to communicate fully and effectively with each other. Although relating sensitive details can be difficult for crime victims, they should feel as comfortable as possible in fully disclosing all details and information to their attorneys.

Should victims consult with lawyers?

Victims should feel free to consult with several lawyers before selecting one. Lawyers are professionals, and it is good consumer practice to obtain a second opinion in selecting professional legal counsel. Victims should cooperate as fully as possible with their attorneys.

Should victims cooperate with their attorneys?

Victims should cooperate as fully as possible with their attorneys . Such cooperation is essential for successful representation of their interests. By the same token, victims have the right to expect their attorneys to be understanding, respectful, and responsive to their needs.